REENTRY MYTH BUSER
Children of Incarcerated Parents Series
A Product of the Federal Interagency Reentry Council
June 2013
Child welfare agencies are required to engage parents, including
absent, noncustodial or incarcerated parents, in case planning for
their children in foster care whenever possible and appropriate.
Incarceration alone should not be considered an obstacle that
changes the child welfare agency’s efforts:
• to work with the child's parents through caseworker visits
or contacts with the parent;
• to identify relatives who may be able to serve as a resource
for the child;
• to encourage, where appropriate, parent visitation or
contacts with the child;
• to work to preserve the parent-child relationship; and
• to involve the parent in case planning for the child.
Reunification between incarcerated parents and their children in
foster care is not always feasible, but social workers can and
should plan for reunification when possible. While federal child
welfare law requires child welfare agencies to initiate Termination of Parental Rights (TPR) if a child is in foster care for 15 out
of the most recent 22 months, the law provides exceptions to
this mandatory TPR rule at the option of the state in the following circumstances:
• The child is being cared for by a relative.
• The state agency has documented in the case plan a
compelling reason that filing such a petition would not be
in the best interests of the child.
What is the Reentry Myth Buster/Children of Incarcerated Parents Series?
This Reentry Myth Buster is one in a series of fact sheets intended to clarify federal policies that affect formerly incarcerated
individuals and their families. On any given day, nearly two million children under 18 have a parent in prison – and many more have had an incarcerated parent at some point during their childhood. Children of incarcerated parents often face financial instability,changes in family structure, and social stigma from their community. This series is designed to help these children, their caregivers, and the service providers who work with them.
Children of Incarcerated Parents Series
A Product of the Federal Interagency Reentry Council
June 2013
Child welfare agencies are required to engage parents, including
absent, noncustodial or incarcerated parents, in case planning for
their children in foster care whenever possible and appropriate.
Incarceration alone should not be considered an obstacle that
changes the child welfare agency’s efforts:
• to work with the child's parents through caseworker visits
or contacts with the parent;
• to identify relatives who may be able to serve as a resource
for the child;
• to encourage, where appropriate, parent visitation or
contacts with the child;
• to work to preserve the parent-child relationship; and
• to involve the parent in case planning for the child.
Reunification between incarcerated parents and their children in
foster care is not always feasible, but social workers can and
should plan for reunification when possible. While federal child
welfare law requires child welfare agencies to initiate Termination of Parental Rights (TPR) if a child is in foster care for 15 out
of the most recent 22 months, the law provides exceptions to
this mandatory TPR rule at the option of the state in the following circumstances:
• The child is being cared for by a relative.
• The state agency has documented in the case plan a
compelling reason that filing such a petition would not be
in the best interests of the child.
What is the Reentry Myth Buster/Children of Incarcerated Parents Series?
This Reentry Myth Buster is one in a series of fact sheets intended to clarify federal policies that affect formerly incarcerated
individuals and their families. On any given day, nearly two million children under 18 have a parent in prison – and many more have had an incarcerated parent at some point during their childhood. Children of incarcerated parents often face financial instability,changes in family structure, and social stigma from their community. This series is designed to help these children, their caregivers, and the service providers who work with them.